Interpretation ID: aiam2920
Marque Motors
8711 Lyndale Ave.
So.
Bloomington
MN 55420;
Dear Mr. Brooks: This is in response to your letter of December 4, 1978, requesting a exemption from the requirements of Part 581, *Bumper Standard*, (49 CFR 581), for ten Lamborghini Countach vehicles currently under construction. You state that the Lamborghini Company's small size and difficult economic situation preclude immediate redesign of the Countach model to bring it into compliance with the bumper regulation.; Federal Motor Vehicle Safety Standard Number 215, *Exterior Protection (49 CFR 571.215), from which Lamborghini had been granted an exemption, was issued under the authority of the National Traffic and Motor Vehicle Safety Act of 1966 (Safety Act). Section 123 of the Safety Act permits the exemption of motor vehicles from safety standard when compliance would cause a manufacturer substantial economic hardship and the manufacturer has attempted in good faith to comply (15 U.S.C. 1410). Standard No. 215 was revoked effective September 1, 1978.; The present bumper regulation, Part 581, effective September 1, 1978 was issued under Title I of the Motor Vehicle Information and Cost Savings Act (Cost Savings Act) (15 U.S.C. 1901), which permits exemptions only for passenger motor vehicles manufactured for a special use. In view of the narrowness of this statutory provision, the National Highway Traffic Safety Administration has no authority to grant an exemption from Part 581 on the basis of economic hardship or limited production.; Part 581 applies to passenger motor vehicles, other than multipurpos vehicles, manufactured on or after September 1, 1978 (49 CFR 581.5(a)). Therefore, vehicles manufactured by Lamborghini which are completed after August 31, 1978, must meet the requirements of the regulation, if they are imported into or sold in the United States.; Sincerely, Joseph J. Levin, Jr., Chief Counsel